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TRADEMARK YOUR BRAND TO AVOID RISING CLAIMS

15/11/22

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15 November 2022

Have you considered trademarking your brand name? Perhaps you should…

Following the recent rise in DB claims, some advisory firms are attracting the unwelcome attention of claims management companies (CMCs).

We are aware of one firm that has been the subject of a Google ad words campaign by a CMC, following an initial DB claim. By using the firm’s trading name to draw in further clients, a downward spiral begins that results in many more claims being issued against the target.

Trademarking a company name allows you to protect your brand and prevent others benefiting from it or causing reputational damage. Google has a clear policy preventing advertisers from using trademarks without consent and will launch an investigation into any valid complaint.

What is trademarking?

A trademark is any sign that identifies you as the owners of your goods or services. It must be unique, so it cannot be confused with anyone else’s brand, but cannot be descriptive.

The government’s Intellectual Property Office is the body in the UK that grants trademarks and it will consider any of the following:

  • Word
  • Logo
  • Shape
  • Position
  • Pattern
  • Colour (single)
  • Colour (combination)
  • Sound
  • Motion
  • Multimedia
  • Hologram

Applying for a trademark

Registering your company name as a trademark gives you exclusive legal ownership of it, meaning it cannot be used without your permission and should someone try to do so, you can take preventative legal action.

The registration process takes around four months and if no one objects, the trademark lasts for ten years.

Trademarking is not the easiest process, but it is worth the time and effort to prevent targeted attacks on your business. Once it is done, if you become aware of a CMC or other entity using your brand name on Google without permission, the search engine will be forced to remove the advert.

The Chartered Institute of Trade Mark Attorneys has some fantastic guidance on how to obtain a trademark. Take a look here.

If you would like to discuss trademarking your company name or you require advice on the actions of a CMC, don’t hesitate to contact us. Telephone (0161) 521 8641 or email: info@b-compliant.co.uk

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